Sexual harassment is just one form of sex discrimination. There are two types of sexual harassment claims: "quid pro quo" and hostile work environment.

• "Quid Pro Quo" -- involves conditioning of tangible employment benefits upon submission to sexual conduct.

  Elements:

  1. Plaintiff belongs to protected group;

  2. Plaintiff subjected to unwelcome sexual harassment in the form of sexual advances or requests for sexual favors;

  3. Harassment complained of was based on gender;

  4. Plaintiff's reaction to harassment affected tangible aspects of employee's compensation, terms, conditions, or privileges of employment; and

  5. Existence of respondeat superior.

• Hostile work environment – this type of claim arises where sexual conduct has the purpose or effect of unreasonable interference with an individual's work performance or creates an intimidating, hostile, or offensive working environment.

  Elements:

  1. Plaintiff belongs to protected group;

  2. Plaintiff was subjected to unwelcome verbal or physical conduct, usually of a sexual nature;

  3. Harassment based on gender;

  4. Conduct sufficiently severe or pervasive to alter terms, conditions or privileges of employment; and

  5. Employer knew or should have known of the harassment and failed to take proper remedial action.

• Prevention - below are some of the steps an employer should take to prevent sexual harassment claims.
  1. The Company policy should be in writing.For example, the type of conduct which is prohibited should be spelled out by providing examples.

  2. The policy should be clearly, consistently and repeatedly communicated to everyone in the workplace.

  3. Employees should be encouraged to report potential harassment to management.

  4. There should be no retaliation for reporting.

  5. Everyone should be aware of the penalties for non-compliance.

  6. Management should receive training as to how to handle potential claims, procedures to follow, and the actions to take to avoid any claim arising.

• Investigation
  1. Employers should be sensitive to complaints.

  2. Employers should act promptly to address any reported problems.

  3. The fact finding process should be objective.

  4. All findings should be documented.

  5. The victim and alleged harasser should be informed of the investigation outcome.

  6. The findings should be kept confidential.